Loading...
CM 1998-07-14 MINUTES OF JULY 14, 1998 The City Council of the City of Coppell met in Regular Called Session on Tuesday, July 14, 1998, at 6:00 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. The following members were present: Candy Sheehan, Mayor Marsha Tunnell, Mayor Pro Tem Greg Garcia, Councilmember Chuck Sturges, Councilmember Pat Keenan, Councilmember Larry Wheeler, Councilmember Bill York, Councilmember Couneilmember Stover was absent from the meeting. Also present were Deputy City Manager Clay Phillips, City Secretary Kathleen Roach and City Attorney Peter G. Smith. REGULAR SESSION (Open to the Public) 1. Call to order. Mayor Sheehan called the meeting to order and adjourned into Executive Session. EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session A. Section 551.072, Texas Government Code-Deliberation regarding real property. 1. Land acquisition. B. Section 551.075, Texas Government Code-Conference with employees. 1. Conference with Deputy City Manager regarding Economic Development Prospect. Mayor Sheehan convened into Executive Session at 6:12 p.m. as allowed under the above-stated article. Mayor Sheehan adjourned the Executive Session at 6:50 p.m. and opened the Work Session. CM071498 Page 1 of 14 WORK SESSION (Open to the Public) 3. Convene Work Session A. Discussion of plans and bids for the Center of the Arts. B. Discussion of cemetery status. C. Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 4. Invocation. The Rev. Frank Pope, Coppell Police Department Chaplain, led those present in the Invocation. 5. Pledge of Allegiance. Mayor Sheehan led those present in the Pledge of Allegiance. 6. Presentation by Robert Key regarding Natural Gas Drilling. Robert Key discussed the history of the AFE Oil proposals concerning the Wagon Wheel Ranch property. Mayor Sheehan stated that Council would discuss the matter during the Executive Session of the July 28, 1998 meeting. 7. Citizen's Appearances. A. Byron Hardin, 153 Simmons Drive, addressed the Council concerning Zoning Case PD-166, Westbury Manor and expressed his opposition to the case. Councilmember Wheeler indicated a desire to query the speaker. Mayor Sheehan advised that Citizens' Appearance was not the forum for dialog between the Council and citizens. Councilmember Sturges requested an Executive Session. EXECUTIVE SESSION (Closed to the Public) Convene Executive Session A. Section 551.071 - Consultation with City Attorney. CM071498 Page Z of 14 Mayor Sheehan convened into Executive Session at 8:00 p.m. as allowed under the above-stated article. Mayor Sheehan adjourned the Executive Session at 8:10 p.m. and reconvened into Regular Session. REGULAR SESSION (Open to the Public) Citizens' Appearances (continuing) Mayor Sheehan inquired as to whether Councilmember Wheeler had any questions which he did not have. B. R.G. Harrell, 548 Oak Grove, began a presentation concerning Jason Marshall from the City Attorney's Office and was admonished by the Mayor concerning personal attacks. Mr. Harrell argued the point with the Mayor and was informed that his presentation was finished. C. Ben Murry, 117 Simmons Drive, spoke to the Council regarding his opposition to the Wesbury Manor subdivision. D. Ed Caldwell, 601 Shadowcrest, addressed the Council regarding Section 3.15 of the Home Rule Charter and the Public Information Act. E. Jerry Baker, 215 Salem, advised Council of his opposition to the current plan for the animal shelter. 8. EMERGENCY AGENDA ITEM: Consider approval of an Ordinance amending Chapter 3, Section 3-1-12 of the Code of Ordinances to amend the Daily Water Use Plan and authorize the Mayor to sign. Immediate action is required to amend the Daily Water Use Plan because there is an immediate threat to the supply of water to the citizens of Coppell if the Daily Water Use Plan is not amended to reduce the consumption of water. Ken Griffin, Director of Engineering and Public Works, made a presentation to the Council and discussed the Phase I - Non-emergency State and Phase H - Emergency State. Phase I would allow watering north of Sandy Lake Road on Tuesdays, Thursdays and Saturdays and south of Sandy Lake Road on Tuesdays, Thursdays and Sundays. Phase II would eliminate the dual water days on Tuesdays and Thursdays and would allow watering north of Sandy Lake Road on Saturdays and Tuesdays and south of Sandy Lake Road on Thursdays and Sundays. Mayor Pro Tern Tunnell advised she liked the new proposal but stated she would like to see the name of the plan changed to the Daily Water Conservation Plan. Mayor Sheehan asked Mr. Griffin to expound on the notification process. Mr. Griffin CM071498 Page 8 of 14 advised that on Wednesday, July 15, they would be going door-to-door with notices and there will be a follow-up mailout, along with appearance on Channel 19 and C-Link. Appreciation was expressed for the diligence of the Public Works stnff in staying on top of the water issue. Counci]member Sturges moved to approve Ordinance No. 98838 smending Chapter 3, Section 3-1-12 of the Code of Ordioances and to change the nsme to the Daily Water Conservation Plan and authorize the Mayor to sign. Couneilmember York seconded the motion; the motion carried 6-0 with Mayor Pro Tern Tunnell and Couneilmembers Garcia, Sturges, Keenan, Wheeler and York voting in favor of the motion. CONSENT AGENDA 9. Consider approval of the following consent agenda items: A. Consider approval of minutes: June 9, 1998 June 23, 1998. B. Consider approval of accepting the resignation of Stephen E. Shelton from the Conduct Review Board. C. Consider approval of awarding Bid # Q-0598-03, for Official Newspaper for the City of Coppell to Citizens' Advocate Newspaper of Coppell, Texas for a period of one year with two one-year options to renew. D. Consider approval of an ordinance abandoning 2 feet of a utility easement at 552 Briarglen Drive, Coppell, and authorizing the Mayor to sign. E. Consider approval of a Resolution amending Resolution #010996.3 as heretofore amended, by providing fees for Leisure Services Department programs based on actual costs of such programs, and authorizing the Mayor to sign. F. Consider approval of an Ordinance for Case No. S-1141, I Fratelli Pizza, zoning change from C (Commercial) to C- S.U.P. (Commercial, Special Use Permit), to allow a carry- out pizza restaurant at Woodside Village Shopping Center located at the northwest corner of Sandy Lake and Denton Tap Roads, and authorizing the Mayor to sign. CM071498 Page 4 of 14 G. Consider approval of a development agreement with Centex Development Company to allow for roadway impact fee credits in exchange for right-of-way dedication to facilitate the construction of Denton Tap Road south of S.H. 121 bypass; and authorizing the City Manager to sign. H. Consider approval of a Professional Engineering Services Contract with Kimley-Horn and Associates, Inc. for review of floodplain development and Corridor Development Certificates (CDC) for compliance with City of Coppell ordinances and Federal Emergency Management Agency (FEMA) requirements; and authorizing the Mayor to sign. I. Consider approval of a development agreement with Western Rim Investment Advisors for the construction of sanitary sewer lines along the north side of Mansions By the Lake, Phase I and II and along the channel situated in the project; and authorizing the City Manager to sign. Councilmember York moved to approve Consent Agenda Items A, B, C, D carrying Ordinance No. 98839, E carrying Resolution No. 071498.1, F carrying Ordinance No. 91500-A-196, G, H and I. Mayor Pro Tern Tunnell seconded the motion; the motion carried 6-0 with Mayor Pro Tem Tunnell and Councilmembers Garcia, Sturges, Keenan, Wheeler and York voting in favor of the motion. 10. Consider approval of an Ordinance of the City of Coppell, Texas, approving an amendment to Ordinance No. 97808, and the budget for Fiscal Year October 1, 1997 through September 30, 1998, and authorizing the Mayor to sign. Jennifer Armstrong, Finance Director, made a presentation to the Council. Councilmember Sturges moved to approve Ordinance No. 98840 approving an smendment to Ordinance No. 97808, and the budget for Fiscal Year October 1, 1997 through September 30, 1998, and authorizing the Mayor to sign. Couneilmember York seconded the motion; the motion carried 6-0 with Mayor Pro Tern Tunnell and Councilmembers Garcia, Sturges, Keenan, Wheeler and York voting in favor of the motion. A short recess was held at this time. CM071495 Page 5 of 14 11. Consider approval of the basic design of the Animal Shelter and authorizing the architect to move forward with final design. Ron Hobbs, Architect, made a presentation to the Council. Mayor Sheehan inquired of the architect the matter of using a tiltwall. Mr. Hobbs stated that tiltwall concrete was not allowed at the location and also that tiltwall concrete on this size project is not economical. Councilmember Keenan asked if other veterinarians were contacted concerning the use of their facilities. Perri Kitties, Environmental Health Officer, stated that Sandy Lake Animal Hospital has been the only facility to bid for the past six years. Councilmember York asked if the brick veneer could be removed from the exterior side of the concrete block and psint the block instead. Mr. Hobbs advised that would not comply with the ordinances. Deputy City Manager Clay Phillips advised that the bay areas in the fire station were built in a similar style of the concrete block walls with the brick veneer on the outside. Councilmember Sturges moved to approve the basic design of the 2knimal Shelter and authorize the architect to move forward with the final design using the glazed block as a base and have print as an alternate. Councilmember Keenan seconded the motion; the motion carried 5-1 with Mayor Pro Tem Tunnell and Councilmembers Garcia, Sturges, Keenan, and Wheeler voting in favor of the motion and Councilmember York voting agoinst the motion. 12. PUBLIC HEARING: Consider approval of Case No. S-1143, Cowboy Barbecue, zoning change request from C (Commercial) to C-S.U.P. (Commercial, Special Use Permit), to allow a private club restaurant to be located in the future Coppell Crossing Shopping Center at the northwest corner of MacArthur Blvd. and Beltline Road. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Mayor Sheehan opened the Public Hearing and advised that no one had signed up to speak. Lyndell E. Rinewalt, Owner, advised Council that he had agreed to all the conditions. Coun¢ilmember Sturges indicated that he opposed this proposed project and moved to deny Case No. S-1143. Motion died for lack of second. Mayor Pro Tem Tunnell inquired whether the City had a voice in the matter of alcohol being served. Mr. Sieb stated that the restaurant would have to meet the TABC guidelines. Mayor Pro Tern Tunnell asked about the limitation of the hours of operation and fire accessibility. Councilmember Sturges asked about the City's requirements regarding the service of alcohol. Councilmember Keenan asked about the hours of the Mexican restaurant in the nearby center. Mayor Pro Tern Tunnell moved to close the Public Hearing and approve Case No. S-1143, Cowboy Barbecue, zoning change request from C (Commercial) to C-S.U.P. (Commercial, Special Use Permit, to allow a private club restaurant to be located in the future Coppell Crossing Shopping Center at the northwest corner of CM071498 Page 6 of 14 MacArthur Blvd. and Beltline Road subject to the following conditions: 1) to allow the consumption of beer and wine in compliance with the rules and regulations of the Texas Alcoholic Beverage Act and applicable permit; 2) the wood storage rack will be screened on the north and south sides with a brick masonry wall (matching the exterior brick of the shopping complex), provide metal doors for the side facing the western parking lot, as well as a standing seam roof painted in a neutral color; 3) the proposed hours of the restaurant to be limited to 11:00 a.m. to 12:00 midnight daily; and 4) all roof-top equipment be screened from view at the street level. Councilmember York seconded the motion; the motion carried 5-1 with Mayor Pro Tern Tunnell and Couneilmembers Garcia, Keenan, Wheeler and York voting in favor of the motion and Councilmember Sturges voting agslnst the motion. 13. PUBLIC HEARING: Consider approval of Case No. PD-108R2, The Reserve, zoning change request from R and PD-LI (Retail and Planned Development, Light Industrial) to PD-SF-9 (Planned Development, Single Family-9), to allow the development of 23 residential lots on 9.71 acres of property located along the south side of Bethel Road; approximately 970' west of Denton Tap Road. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Mayor Sheehan opened the Public Hearing and advised that no one had signed up to speak. David Blom, representing the developer, addressed questions regarding streets. Mayor Pro Tern Tunnell inquired as to the type of fencing along the back side of the property and the airport noise issue. Mr. Biota stated that the back lots would be restricted to decorative metal fencing. Mr. Sieb stated that the airport noise study determined this area to be outside the noise area. Gary Sims, Director of Leisure Services, addressed the issue of acquiring additional property for parking at Grapevine Springs Park. Couneilmember Sturges moved to close the Public Hearing and approve Case No. PD-108R2, The Reserve, zoning change request from R and PD-LI (Retail and Planned Development, Light Industrial) to PD-SF-9 (Planned Development, Single Family-9), to allow the development of 23 residential lots on 9.71 acres of property located along the south side of Bethel Road; approximately 970' west of Denton Tap Road subject to the following conditions: 1) garages to face rear or side lot lines; 2) home sizes to be a minimum of 2400 square feet; and 3) a minimum 6' uniform decorative metal rear fence approved by staff, be constructed behind the homes backing up to Grapevine Springs Park. Councilmember York seconded the motion. Mayor Sheehan advised that she had received a request for Executive Session. CM071498 Page 7 of 14 EXECUTIVE SESSION (Closed to the Public) Convene Executive Session A. Section 551.071 - Consultation with City Attorney. Mayor Sheehan convened into Executive Session at 10:05 p.m. as allowed under the above-stated article. Mayor Sheehan adjourned the Executive Session at 10:10 p.m. and reconvened the Regular Session. REGULAR SESSION (Open to the Public) Continuing with Item 13. Mayor Sheehan repeated the motion; the motion carried 4-2 with Councilmembers Garcia, Sturges, Keenan, and York voting in favor of the motion and Mayor Pro Tem Tunnel] and Couneilmember Wheeler voting agslnst the motion. 14. Consider approval of The Reserve, Preliminary Plat, to allow the development of 23 residential lots on 9.71 acres of property located along the south side of Bethel Road; approximately 970' west of Denton Tap Road. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Couneilmember Sturges moved to approve The Reserve, Preliminary Plat, to allow the development of 23 residential lots on 9.71 acres of property located along the south side of Bethel Road; approximately 970' west of Denton Tap Road subject to the following conditions: 1) garages to face rear or side lot lines; 2) home sizes to be a minimum of 2400 square feet; and 3) a minimum 6' uniform decorative metal rear fence approved by staff, be constructed behind the homes backing up to Grapevine Springs Park. Councilmember York seconded the motion; the motion carried 4-2 with Councilmembers Garcia, Sturges, Keenan, and York voting in favor of the motion and Mayor Pro Tem Tunnell and Councilmember Wheeler voting against the motion. 15. PUBLIC HEARING: Consider approval of Case No. S-1145, Zuka Juice, zoning change request from LI (Light Industrial) to LI-S.U.P. (Light Industrial, Special Use Permit), to allow a juice store to operate in the Valley Ranch Centre located at the southeast corner of MacArthur Blvd. and Beltline Road. CM071495 Page 8 of 14 Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Mayor Sheehan opened the Public Hearing and asked for those persons wishing to speak. Eric Hill, 580 S. Denton Tap, #280, addressed the Council on behalf of his client, Gary Wells who is owner of Baskin-Robbins, and indicated that his client was opposed to this proposal. City Attorney Peter G. Smith addressed the injunction and lease issues brought up by Mr. I-lil]. Richard Cope, 820 S. MacArthur, #108, Applicant, spoke to Council in favor of this proposal. Jim Woomer, 820 S. MacArthur, #108, Applicant, spoke to Council in favor of this proposal. Mayor Pro Tem Tunnell asked Mr. Sieb to address the public notice issue. Mr. Sieb stated at the time that the City was out of zoning notification signs due to the large number of cases in process. Councilmember Sturges voiced his support of this proposal. Councilmember Keenan also addressed the notice issue. Mayor Pro Tern Tunnell moved to close the Public Hearing and approve Case No. S-1145, Zuka Juice, zoning change request from LI (Light Industrial) to LI-S.U.P. (Light Industrial, Special Use Permit), to allow a juice store to operate in the Valley Ranch Centre located at the southeast corner of MacArthur Blvd. and Beltline Road subject to the following conditions: 1) the hours of operation be limited as follows: Monday through Thursday - 7:00 a.m. to 10:30 p.m.; Friday - 7:00 a.m. to 11:30 p.m.; Saturday - 8:00 a.m. to 11:30 p.m.; Sunday - closed; and 2) the signage be that as submitted by Bona Signs, Inc., dated April 15, 1998. Councilmember Sturges seconded the motion; the motion carried 6-0 with Mayor Pro Tern Tunnell and Councilmembers Garcia, Sturges, Keenan, Wheeler and York voting in favor of the motion. 16. Consider approval of the Vistas of Coppell, Phase 3, Preliminary Plat, to allow the development of 61 residential lots on approximately 23 acres of land located along the south side of Spur 553, east of the Coppell Middle School North Campus, and north of Denton Creek. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Mayor Pro Tern Tunnell indicated she would like to see a condition to include the 25-foot setback. Councilmember Sturges moved to approve the Vistas of Coppell, Phase 3, Preliminary Plat, to allow the development of 61 resident/al lots on approximately 23 acres of land located along the south side of Spur 553, east of the Coppell Middle School North Campus, and north of Denton Creek subject to the following conditions: 1) observe a 25-foot front yard setback on all the lots or amend the setback standards of the planned development; 2) modify the Buffer Concept Plan to include 6 Aristocrat Pear trees; 3) developer will be responsible to build the bilge and bike trail along the top of the Denton Creek levee. The cost of the trail will be deducted from the $1,285 per dwelling unit park development fee; 4) the Homeowners Association Agreement must be approved by the City Attorney prior to the plat being recorded with the County; 5) a letter of permission from the Denton County Levee District #1 must be provided to install proposed storm system on this property; and 6) CM071498 Page 9 of 14 any access to the S.H. 121 bypass will require TxDOT approval. Councilmember York seconded the motion; the motion carried 4-2 with Councilmembers Garcia, Sturges, Keenan and York voting in favor of the motion and Mayor Pro Tem Tunnell and Couneilmember Wheeler voting against the motion. 17. Consider approval of The Hollows at Northlake Woodlands, Preliminary Plat, to allow the development of 71 residential lots on 32.327 acres of property located along the north side of the DART Right-of-Way; between Mockingbird Lane and MacArthur Boulevard. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Pat Atkins, representing the Applicant, addressed the Council. Travis Crump, Fire Marshall, addressed the issues of ingress and egress at the proposed site. Couneilmember Sturges inquired if the plat complied with all of the City's zoning ordinances. Mr. Sieb stated that it complied with the zoning ordinances for SF-9. Couneilmember Sturges asked the City Attorney if this was a matter for administerial approval by the Council. City Attorney Peter G. Smith stated if the plat met all the technical requirements of the zoning ordinance and the subdivision regulations and all other applicable ordinances, then it would become an administerial function for the Council to approve the plat. Couneilmember Sturges stated that his personal feelings are that the property is not suitable for residential development, but he felt that the law was specific. Councilmember York inquired about the easement. Councilmember Keenan asked if there was a screening wall on the rsilroad or just trees. Mr. Sieb stated there were trees and a 15-foot alley between the property and the railroad track. Councilmember Garcia inquired regarding the ingress and egress issue. Couneilmember Sturges moved to approve the Hollows at Northlake Woodlands, Pre]imlnary Plat, to allow the development of 71 residential lots on 32.327 acres of property located along the north side of the DART Right-of-Way; between Mockingbird Lane and MacArthur Boulevard subject to the applicant providing sufficient access for municipal fire and hazardous material emergency response. Councilmember Keenan seconded the motion; the motion failed 2-4 with Councilmembers Sturges and Keenan voting in favor of the motion and Mayor Pro Tern Tunnell and Councilmembers Garcia, Wheeler and York voting against the motion. City Attorney Peter G. Smith stated that a motion to deny needed to be made; otherwise the plat would be approved due to nonaction. Couneilmember Sturges requested that the City Attorney reiterate the Council's requirement under law. City Attorney Peter G. Smith stated that if the plat met all the requirements, its passage would be an administerial function of the Council. Mayor Pro Tem Tunnell moved to deny the Hollows at Northlake Woodlands, Preliminary Plat, to allow the development of 71 residential lots on 32.327 acres of property located along the north side of the DART Right-of-Way; between Mockingbird Lane and MacArthur Boulevard. Councilmember Wheeler seconded the motion. Mayor Pro Tern Tunnell requested an Executive Session. CM071498 Page 10 of 14 EXECUTIVE SESSION (Closed to the Public) Convene Executive Session A, Section 551.071 - Consultation with City Attorney. Mayor Sheehan convened into Executive Session at 10:58 p.m. as allowed under the above-stated article. Mayor Sheehan adjourned the Executive Session at 11:13 p.m. and reconvened into Regular Session. REGULAR SESSION (Open to the Public) Continuing with Item 17. Mayor Sheehan reminded everyone of the motion and vote was taken. The motion to deny carried 3-3 with Mayor Pro Tern Tunnell and Councilmembers Wheeler and York voting in favor of the motion and Councilmembers Garcia, Sturges and Keenan voting against the motion. Mayor Sheehan broke the tie by voting in favor of the motion. A short recess was held at this time. 18. Consider approval of the Eckerd, Site Plan and Preliminary Plat, to allow the development of an 11,200 square foot retail building on 1.52 acres of property located at the southeast corner of Denton Tap Road and Parkway Boulevard. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Mayor Pro Tern Tunnell expressed some concerns regarding the back. of the building facing Town Center. John Maggiore, representing the Applicant, addressed the elevation issues and introduced Hank Quigg, the Architect, to address any questions. Mayor Pro Tern Tunnel] asked about the loading times and types of trucks. Mayor Sheehan inquired regarding the monument signs and the setback of the signs. Mayor Pro Tern Tunnell asked about the dumpster and the parking requirements. Councilmember Sturges moved to approve the Eckerd, Site Plan and Preliminary Plat, to allow the development of an 11,200 square foot retail building on 1.52 acres of property located at the southeast corner of Denton Tap Road and Parkway Boulevard subject to the following conditions: 1) the construction _ of two walls symmetrically placed on each side of Town Center Boulevard identifying Town Center in the same architectural style of the existing wall to the north of the proposed site whichwill be torn down. No tenant signage on either wall; 2) matching of the brick on the building with that on the existing decorative wall; 3) redesign of the CM071495 Page 11 of 14 proposed screen wall on the east side of the property to match the style of the existing decorative wall; 4) an increase in the amount of landscaping adjacent to the northeast comer of the building to lessen the visual impact of the blank wall of the building;, 5) screening of mechsnical equipment, undergrounding of any additional electric facilities, and placement of utility meters in inconspicuous locations; and 6) if the back of the gables is visible from ground level, they will be bricked to match the buildl-g. Counei]member York seconded the motion; the motion carried 6-0 with Mayor Pro Tern Tunnell and Councilmembers Garcia, Sturges, Keenan, Wheeler and York voting in favor of the motion. 19. Consider approval of the Northlake 635 Business Park, Site Plan and Minor Plat, to allow the development of an 80,018 square foot office building on 6.529 acres property located at the southwest corner of Lakeshore and Crestside Drives. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Ray Garrison, Applicant, made a presentation to the Council statng that three sides of the building would be brick and one wall would be tiltwall, and presented snmples of the brick for Council's inspection. Mayor Pro Tern Tunnell inquired regarding the landscaping requirements and the requirements of a color palette. Mayor Pro Tern Tunnell moved to approve the Northlake 635 Business Park, Site Plan and Minor Plat, to allow the development of an 80,018 square foot office building on 6.529 acres property located at the southwest comer of Lakeshore and Crestside Drives subject to the following conditions: 1) screeolng of mechanical equipment, undergrounding of any additional electric facilities, and placement of utility meters in inconspicuous locations; 2) a note be placed on the face of the plat as fo]lows: THIS BUILDING IS DESIGNED FOR OFFICE USE. SHOULD THIS BUILDING EVER REVERT TO WAREHOUSE INDUSTRIAL USE, TRUCK DOCKS WILL BE PROVIDED AT A RATIO OF 1 TO 20, 000 SQUARE FEET;, and 3) brick colors be dark red Acme brick and dark brown Acme brick with the color numbers being provided to the Planning Department by 5:00 p.m. on July 15, 1998. Councilmember Wheeler seconded the motion; the motion carried 6-0 with Mayor Pro Tem Tunnell and Councilmembers Garcia, Sturges, Keenan, Wheeler and York voting in favor of the motion. 20. Consider approval of an Ordinance for Case No. PD-166, Westbury Manor, zoning change from SF-12 (Single Family-12) to PD-SF-7 (Planned Development, Single Family-7), to allow the development of 35 residential lots on approximately 10 acres of property located along the east side of Heartz Road and along the south side of Sandy Lake Road, and authorizing the Mayor to sign. CM071498 Page 12 of 14 Mayor Sheehan advised that Councilmember Garcia lives within two hundred feet of the subject property and had filed a Conflict of Interest with the City Secretary. At this time, Councilmember Garcia excused himself from the dais. Councilmember Sturges stated he wanted to clarify that Councilmember Garcia's nonparticipation in this item was a matter of law and not a matter of choice on Councilmember Garcia's part. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Mayor Sheehan asked that the Council table this item until the next Council meeting to have staff, the homeowners, and developers work together on some of the issues. Mayor Pro Tern Tunnell asked for some clarification regarding the petition in opposition and the property lines in regard to the alley. Mr. Sieb stated there was not 20% opposition within 200 feet of the request and legal counsel at the Planning Commission meeting stated that legal access must be given to the west side of the alley. Couneilmember Sturges advised he felt that due process had been followed and public hearings had been held on this matter. Coun~-ilmember Wheeler stated his belief that the homeowners did have a chance to voice their thoughts on this project. Councilmember Keenan advised that he agreed with the Mayors request. Mayor Pro Tern Tunnell stated this was the ordinance for the zoning change and there would still need to be a preliminary and final plat and therefore more time to work out the replat if the residents wished to do that. Councilmember Sturges moved to approve Ordinance No. 91500-A-197 for Case No. PD-166, Westbury Manor, zoning change from SF-12 (Single F~mily-12) to PD-SF-7 ~-- (Planned Development, Single Family-7), to allow the development of 35 residential lots on apprw,lmately 10 acres of property located along the east side of Heartz Road and along the south side of Sandy Lake Road, and authorizing the Mayor to sign. Councilmember Wheeler seconded the motion; the motion carried 4-1 with Mayor Pro Tern Tunnell and Councilmembers Sturges, Wheeler and York voting in favor of the motion and Couneilmember Keenan voting agsinst the motion. Councilmember Garcia resumed his place on the dais at this time. 21. Necessary action resulting from Executive Session. There was no action necessary under this item. 22. City Manager's Report. There was no report under this item. CM071498 Page 13 of 14 23. Mayor's Report A. Mayor Sheehan advised that the Coppell Jaycees have formed and have developed their motto which is: Growing with Coppell's Youth and they have targeted two areas that they see a need in our community and those are 1) the Field of Dresms to develop baseball fields; and 2) some sort of teen outreach at the high school regarding drug prevention. B. Mayor Sheehan recognized the summer high school interns who are working for the City during the summer. C. Mayor Sheehan asked Deputy City Manager Clay Phillips if the Comprehensive Master Plan could be reviewed and to have a joint meeting with the Planning and Zoning Commission. D. Mayor Pro Tern Tunnell advised that Coppell is now listed separately in the Southwestern Bell Telephone Book. E. Mayor Pro Tern Tunnell announced the Texas Municipal League meeting to be held on July 17, 1998 to discuss a topic of Open Meetings and Open Records. F. Couneilmember York stated the Deputy City Manager had done an outstanding job while the City Manager had been out on vacation. G. Mayor Sheehan wished Couneilmember Sturges a "Happy Birthday." There being no further business to come before the City Council, the meeting was adjourned. Candy Sheehan, Mayor ATTEST: Kathleen Roach, City Secretary CM071498 Page 14 of 14